Idaho Code

Idaho Code § 18-4007 (2026)

Punishment for manslaughter.

✓ current as of May 2026

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Punishment for manslaughter.

Manslaughter is punishable as follows:

(1) Voluntary — by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(2) Involuntary — by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(3) Vehicular — in the operation of a motor vehicle:

(a) For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(b) For a violation of section 18-4006(3)(b), Idaho Code:

(i) For a person who has not previously been found guilty of or pled guilty to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(ii) For a person who has previously been found guilty of or pled guilty once to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of five (5) years, not to exceed twenty-five (25) years.

(iii) For a person who has previously been found guilty of or pled guilty two (2) or more times to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of ten (10) years, not to exceed twenty-five (25) years.

(c) For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.

(d) In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, that resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.

(e) In addition to the foregoing, the driver’s license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.

Notes of Decisions

Cited in 56 cases (9 in the last 5 years), 1954–2026 · leading case: State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000).

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State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000). · cites it 28× “When I.C. § 18-4007 was first enacted, it contained no provision permitting a district court to suspend the driver's license of a person convicted of vehicular manslaughter.”

State v. Weise, 273 P.2d 97 (Idaho 1954). · cites it 16× “Section 18-4007, I.C., as amended S.L.1949, ch.”

State v. Heredia, 156 P.3d 1193 (Idaho 2007). · cites it 8× “” Also showing the punitive nature of the consequence is the provision that “[i]n no event shall” the child support be paid or indemnified by proceeds of a liability insurance policy. I.C. § 18 — 4007(3)(d).”

State v. Daniel Ryan Straub, 292 P.3d 273 (Idaho 2013). · cites it 4× “Straub pleaded guilty to vehicular manslaughter, and as part of the plea, agreed to pay restitution for victims under I.C. § 18-4007 and I.C. § 19-5304. After a restitution hearing, the district court determined that Straub owed $554,506.”

State v. Dallas, 710 P.2d 580 (Idaho 1985). · cites it 12× “Former I.C. § 18-4007 provided that the maximum term of confinement for voluntary *584 manslaughter was 10 years.”

State v. Padilla, 620 P.2d 286 (Idaho 1980). · cites it 4× “Likewise, we have examined Padilla's assertion that the evidence was insufficient to support the jury verdict and find, upon review, that the defendant's guilt as to each material element was proven beyond a reasonable doubt.”

State v. Baker, 38 P.3d 614 (Idaho 2001). · cites it 4× “Idaho Code § 18-4007 (3)(d) provides that in addition to imprisonment and/or a fine, a person convicted of vehicular manslaughter may have his driver’s license “suspended for a time determined by the court.”

State v. Simons, 731 P.2d 797 (Idaho Ct. App. 1987). · cites it 4× “I.C. § 18-4007(2). 1 Following an extended sentencing hearing before District Judge Williams, Simons received an indeterminate ten-year sentence.”

Simons v. State, 773 P.2d 1156 (Idaho Ct. App. 1989). · cites it 6× “See I.C. § 18-4007(2). The statute was amended one more time, in 1984.”

State v. Sandoval, 452 P.2d 350 (Idaho 1969). · cites it 4× “…such cases the jury may recommend by their verdict that the punishment shall be by imprisonment in the county jail." I.C. § 18-4007(2) (a).”

State v. Romero, 775 P.2d 1233 (Idaho 1989). · cites it 4× “Subsequently, Romero was sentenced to a fixed fifteen year term, the maximum term of confinement authorized by I.C. § 18-4007(1). The dispositive issue on this appeal, wholly unaddressed by the Court of Appeals, but nevertheless raised by Romero, [2] is the trial court's failure…”

State v. Long, 423 P.2d 858 (Idaho 1967). · cites it 8× “§ 18-4006 and I.C. § 18-4007 were amended), I.C. § 18-4006, in defining the crime of involuntary manslaughter, provided: “Manslaughter is the unlawful killing of a human being, without malice.”

Show all 56 citing cases →

— Idaho Code § 18-4007(1) — 8 cases

State v. Romero, 775 P.2d 1233 (Idaho 1989). “Subsequently, Romero was sentenced to a fixed fifteen year term, the maximum term of confinement authorized by I.C. § 18-4007(1). The dispositive issue on this appeal, wholly unaddressed by the Court of Appeals, but nevertheless raised by Romero, [2] is the trial court's failure…”

State v. Baker, 644 P.2d 365 (Idaho Ct. App. 1982).

State v. Griffith, 753 P.2d 831 (Idaho Ct. App. 1988).

State v. Romero, 753 P.2d 828 (Idaho Ct. App. 1988).

State v. White (Idaho Ct. App. 2022).

— Idaho Code § 18-4007(2) — 7 cases

State v. Padilla, 620 P.2d 286 (Idaho 1980). “Likewise, we have examined Padilla's assertion that the evidence was insufficient to support the jury verdict and find, upon review, that the defendant's guilt as to each material element was proven beyond a reasonable doubt.”

State v. Sandoval, 452 P.2d 350 (Idaho 1969). “…such cases the jury may recommend by their verdict that the punishment shall be by imprisonment in the county jail." I.C. § 18-4007(2) (a).”

State v. Simons, 731 P.2d 797 (Idaho Ct. App. 1987). “I.C. § 18-4007(2). 1 Following an extended sentencing hearing before District Judge Williams, Simons received an indeterminate ten-year sentence.”

State v. Ojeda, 810 P.2d 1148 (Idaho Ct. App. 1991).

State v. Chaffin, 448 P.2d 243 (Idaho 1968).

— Idaho Code § 18-4007(3) — 9 cases

State v. Heredia, 156 P.3d 1193 (Idaho 2007). “” Also showing the punitive nature of the consequence is the provision that “[i]n no event shall” the child support be paid or indemnified by proceeds of a liability insurance policy. I.C. § 18 — 4007(3)(d).”

State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000). “When I.C. § 18-4007 was first enacted, it contained no provision permitting a district court to suspend the driver's license of a person convicted of vehicular manslaughter.”

Simons v. State, 773 P.2d 1156 (Idaho Ct. App. 1989). “See I.C. § 18-4007(2). The statute was amended one more time, in 1984.”

State v. McNair, 108 P.3d 410 (Idaho Ct. App. 2005).

— Idaho Code § 18-4007(3)(a) — 5 cases

State v. Puga, 728 P.2d 398 (Idaho Ct. App. 1986).

State v. Howard, 830 P.2d 520 (Idaho 1992).

State v. Lee, 725 P.2d 194 (Idaho Ct. App. 1986).

State v. Joanne N. Christofferson (Idaho Ct. App. 2017).

State v. Christopher Edward Blair (Idaho Ct. App. 2012).

— Idaho Code § 18-4007(3)(b) — 3 cases

State v. Horkley, 876 P.2d 142 (Idaho Ct. App. 1994).

State v. Young (Idaho Ct. App. 2022).

State v. Christopher Edward Blair (Idaho Ct. App. 2012).

— Idaho Code § 18-4007(3)(c) — 1 case

State v. Salazar-Cabrera (Idaho 2026).

— Idaho Code § 18-4007(3)(d) — 7 cases

State v. Daniel Ryan Straub, 292 P.3d 273 (Idaho 2013). “Straub pleaded guilty to vehicular manslaughter, and as part of the plea, agreed to pay restitution for victims under I.C. § 18-4007 and I.C. § 19-5304. After a restitution hearing, the district court determined that Straub owed $554,506.”

State v. Teddy Edghill Substitute, 317 P.3d 743 (Idaho Ct. App. 2014).

State v. Paulson (Idaho Ct. App. 2026).

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